Delhi High Court
Amarjot Singh vs The State Of Nct Of Delhi on 6 September, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 27th August, 2018
Pronounced on: 6th September, 2018
+ TEST.CAS. 63/2016 IA No.12887/2017
AMARJOT SINGH ..... Petitioner
Through : Mr. Nishant Singla, Adv.
versus
THE STATE OF NCT OF DELHI ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. Petitioner, the son of the deceased has filed this petition
under Section 276 of the Indian Succession Act, 1925 for grant of
probate of the registered Will dated 14.06.2007 executed by late
Shri Tarlochan Singh - father of the petitioner.
2. The petitioner was appointed as an executor of the registered
Will dated 14.06.2007. The testator expired in New Delhi on
03.11.2015. The said Will is witnesseth by Mr. R.S. Kohli and
Mr.Harjeet Singh Malik and is duly registered in the office of the
Sub-Registrar VII, Vikas Sadan, New Delhi.
3. As per averments made in the para No.9 of the petition,
there are six legal heirs of the deceased including the petitioner
herein and all of them have filed their affidavits consenting grant
of probate in favour of the petitioner.
4. Upon filing of this petition, notice was issued to the Chief
Revenue Controlling Authority to file the valuation report in
respect of the immovable properties as detailed in the Will. The
said valuation report has since been filed on record.
5. Vide order dated 22.02.2018 following issues were framed:-
1) Whether the Will dated 14.06.2007 is the last legal
and validly executed Will of late Sardar Tarlochan Singh?
OPP
2) Relief.
Petitioner was directed to file the evidence by way of
affidavit.
6. In this case, three witness have been produced by the
petitioner to prove his case.
7. PW1 Smt.Sarita Gautam, Assistant Section Officer from the
Sub Registrar - VII Office, Vikas Sadan, New Delhi was
summoned and examined, who produced the original record
pertaining to Will dated 14.06.2007 and proved the certified copy
thereof as Ex.PW1/A after seeing such original record.
8. PW2 Sh.R.S.Kohli, - an attesting witness of the Will has
filed his affidavit Ex.PW2/X and proved Ex.PW2/1 - the death
certificate of testator and identified his signatures as an attesting
witness on the Will Ex.PW1/A.
Ex.PW2/4 is an affidavit of another attesting witness of the
Will namely Shri Harjeet Singh Malik; and Ex.PW2/5 is an
affidavit of the witness (PW2) himself.
9. PW3 Shri Amarjot Singh - petitioner himself has proved his
affidavit Ex.PW3/X and also proved Ex.PW2/1 viz. the death
certificate of his father / testator of the Will and relied upon Will
Ex.PW1/A. He also proved document Ex.PW2/4 viz an affidavit of
another witness namely Shri Harjeet Singh Malik; and Ex.PW2/5
viz the affidavit of PW2 - both filed in support of the petition.
10. In the circumstances, where the other legal heirs of the
testator have already filed their affidavits of 'No Objection' for
grant of probate in favour of petitioner in respect of the estate left
behind by the petitioner; there being no challenge either to the
petition or to the testimonies so adduced on behalf of the
petitioner, hence the Will dated 14.06.2007 is held to be validly
executed Will of the deceased and there exist no impediment in
grant of letter of probate in favour of petitioner in respect of the
registered Will dated 14.06.2007, qua the properties of deceased
mentioned therein.
11. In view of above, the issue No.1 is decided in favour of the
petitioner.
12. Consequently, the probate of Will dated 14.06.2007 qua
estate of deceased, per Annexure-A, is granted in favour of the
petitioner and he is appointed as an executor to administrate the
estate of the deceased as per his wishes contained in the Will.
13. Registry to issue the probate, as per valuation so received
and available on record from the concerned SDM and upon paying
the requisite stamp duty etc and also upon furnishing
administration bond and a surety (bond) by the petitioner.
14. In view of the above, the petition stands disposed of. The
pending application also stands disposed of.
15. No order as to cost.
YOGESH KHANNA, J
SEPTEMB ER 06, 2018
M
